Uncontested Divorce Attorney in Indianapolis, IN
Divorce doesn’t always have to involve blame, bitterness or argument. It’s also possible for the parties to stay true to the mutual respect and regard that led them to marriage in the first place, and to work through the end of the marriage together.
The term “uncontested divorce” refers to a divorce where the parties do not have disagreements about any of the issues involved, from property division, payment of debts, visitation to child support or spousal maintenance. If all these issues can be resolved between you and your spouse, you may not even need to go to court.
At Trapp Law, LLC, we have significant experience handling divorces involving a business and uncontested divorce cases. Divorce lawyer Angie Trapp strives to deliver high-quality, affordable legal services beginning with a free and confidential initial consultation. If you are planning to file for an uncontested divorce, contact us for help.
Grounds for an Uncontested Divorce
As the starting place for proceeding with your divorce, the court will expect you to provide a reason why the divorce should be granted. From a legal perspective, the grounds for divorce are:
- The marriage has broken down to the extent that it is too damaged to save.
- The husband or wife has been convicted of a felony after the marriage took place.
- For the last two years, the husband or wife has been “incurably insane.”
- The husband or wife is impotent.
Why Do I Need an Indianapolis Uncontested Divorce Lawyer?
It’s possible for you to obtain an uncontested divorce on your own, by obtaining the proper forms, filling them out, filing them and waiting for a response from a judge. If the judge rules that a hearing is not needed, you will receive notification that the divorce is final via the mail.
If this is the case, what is the advantage of engaging an uncontested divorce attorney in Indianapolis? There are definite reasons why legal assistance makes sense:
- Getting it right the first time: Even if a divorce is amicable, it’s best for both parties to be able to get on with their lives. The forms that you will receive from the court have detailed instructions and they must be followed exactly. You could end up being called in for a court hearing just to address questions that only exist because of a failure to submit full information and documentation.
- The cost is nominal: If you and your spouse truly are in agreement on all points, you won’t need a significant amount of time from your lawyer. It’s worth the investment to have certainty at each step of the way that each step is being completed properly.
- Addressing any twists and turns: As you move forward and discuss all the terms of the divorce with your spouse, it’s not impossible that some disagreements could arise. An attorney can help keep the process simple, answering legal questions and helping you both understanding the agreements that you are making will mean in real-world terms.
Contact an Indianapolis Uncontested Divorce Attorney
Angie Trapp has helped many clients with the uncontested divorce process. If you make a point to contact her as soon after you and your spouse have agreed to separate, she can help you move your divorce along in a friendly and efficient manner. At Trapp Law, LLC, we understand the sensitive nature of any divorce proceeding and are committed to protecting your best interests.
We serve clients in Indianapolis, Greenfield, Carmel and throughout the state of Indiana. Contact us for a free consultation.
Differences between Contested and Uncontested Divorce
There are two types of divorce: contested and uncontested. In a contested divorce, the spouses cannot agree on one or more aspects of the divorce, such as child custody, alimony, or property division. In an uncontested divorce, the spouses agree on all aspects of the divorce. In an uncontested divorce, spouses agree on every element; therefore, all they need to do is file.
Contested divorces are more complex and take longer to resolve than uncontested divorces. In a contested divorce, the spouses must first agree on the issues that are in dispute. Once they have agreed on the disputed issues, they can file for divorce. If they simply cannot agree with each other, the entire process will need to go to court — where a judge will listen to each party.
As it’s in the best interests of both sides to come to an agreement, a lawyer-directed mediation may be involved before going to court. Going to court can be a costly and time-consuming process, although there are situations in which it makes the most sense.
How Long Does It Take to Settle an Uncontested Divorce?
The average time it takes to settle an uncontested divorce is four to six months. This includes the time it takes to file the initial paperwork and serve the other spouse with the divorce petition. It also includes the time it takes to reach an agreement on the terms of the divorce, such as child custody, alimony, or property division. The final step is to file the paperwork with the court and have the divorce decree signed by a judge.
Comparatively, the average time it takes to settle a contested divorce is one to two years. And a contested divorce can stretch on much longer, especially if there are children involved or substantial assets.
Indianapolis Uncontested Divorce When Involving Kids
If you have children, your divorce can only be uncontested if you and your spouse can agree on all aspects of the divorce that involve your children. This includes child custody, visitation, child support, and any other issue that pertains to your children. If you cannot agree on these issues, then your divorce will be contested.
As child custody is more complex, a lawyer should still be seen to draw out these documents. It’s a mistake to not create a comprehensive parenting plan even during an uncontested divorce, as it leads to confusion later. Child custody also involves many types of parental rights, including medical planning and educational planning.
But if you do agree (or simply need to resolve a few practical issues in mediation), then your lawyer can help you resolve your divorce out of court. Generally, this is the best possible solution. If you’re going through an uncontested divorce (or want to work to mitigate the effects of your contested divorce), we can help.